Friday, May 24, 2013

IRS Abuse of Power - A Personal Story


I have shared some information about my family here, but mostly good news or funny stories. I rarely air my problems on my blog, but I think what is going on in my life right now is something that needs to be shared because it effects everyone in the United States. I'm writing this blog because I am absolutely desperate.

Many of you may have read the abuse of power stories lately concerning the Internal Revenue Service. The personal story I am about to tell you is incredibly frightening. Here is my story...

I talked about my father's illness in my blog about my book dedication to him. He has a terminal genetic illness for which there is no treatment and no cure, and we are not likely to see one before he succumbs to this disease. It's like a combination of Alzheimer's and Parkinson's. There is a mutant protein that is destroying his brain cells.

He moved in with us about nine years ago while he could still take care of himself and was mostly independent with the idea that when he needed more care, he would move. Not long after he arrived, we were able to get disability benefits for him since he had no income. He was forced to retire because he could no longer perform his job due to the progression of his disease.

When he started having symptoms, he made some bad business decisions including refusing to pay his taxes one year. We knew that was an issue when he moved in, so we started trying to help him with the IRS issue. As soon as he started receiving disability benefits, the IRS immediately put a levy on it and started taking about $300 a  month. I told dad that he would just have to cope with the loss of funds while we were trying to deal with the IRS.

What we didn't know is that the IRS did not want to deal with us. Now that they had a way to get to dad, they refused to help us unless we could write them a check for what he owed, which none of us could afford, including dad.

We called and called the IRS and time and time again got no cooperation from them to help resolve the issue. We finally just thought he would have to put up with losing the $300 they were taking. But the IRS was not done. About a year after they started withholding money, they upped the amount they were taking to 70%.

I panicked. Now dad couldn't even afford to pay his bills, and he started to become a financial burden on our family. I didn't see how it could be legal to take 70% of anyone's income, much less a disabled person with a terminal disease. I looked it up and found that the IRS does indeed have the right to do this. I was stunned, How did they expect people to live? I tried calling the IRS again to explain dad's illness and his need for care and medication, but it fell on deaf ears.

We hired a CPA, but the IRS kept running her around in circles too and wouldn't provide her with the paperwork she needed. Now we have had to hire another accountant and even consulted a lawyer, but they have both said that we may go through all of the IRS hoops, and still be right where we are.

The problem is that dad's condition has deteriorated to the point where it is no longer safe for him to live with us. He needs more care than we can provide, but we can't afford it. He can't go up our stairs, and we don't have a full bathroom downstairs, so I have to take him the gym to shower. We are hoping the new CPA will be able to help us get this matter resolved.

But all that isn't the scary part. We recently received a letter from Social Security saying that the levy had been removed and the IRS was no longer going to take 70% of his funds. We were cautiously optimistic that maybe the statute of limitations had passed and they could no longer take dad's money.

Nope. What we found out is that they put a levy on his bank account instead. You see, they are limited to 70% of his income; however, once his disability funds are directly deposited into his bank account, then that is considered an asset, and the IRS can take 100% of your assets including any money you have in the bank. Again, I wouldn't have believed it if I hadn't seen it for myself. I am absolutely stunned that a terminally ill person in this country can be left absolutely penniless and unable to afford the medical care they need.

I am absolutely heartsick. This last year has been so hard on my family having to deal with dad, and it has been hard on him too. Now even the few hundred dollars he was getting a month to live on is gone, and we can't afford to move him into the assisted living home we had set up to care for him.

We have appealed to his bank and Social Security, and both of them said they were helpless to change anything. We have pleaded with the CPA to rush dad's case through, so we can file all the necessary paperwork the lawyer will need to try to stop the IRS, but at this point, I'm not very hopeful.

Even more scary, I had dad's accounts connected to mine, so that I could monitor his activity to make sure he didn't spend too much, and I have occasionally had to transfer money into his account to cover overdrafts. As a result, I found out that the IRS could take every cent of mine as well claiming that his funds were part of mine, and it would be up to me to try to prove them wrong while I had no money to hire a lawyer. I had to rush dad to the bank to make sure all of our connections to his account was severed.

As a side note, the IRS tried to bully me into turning on my father. They sent me threatening letters, and then they sent a letter saying that I had made a mistake on my taxes, and that I owed them a large sum of money. I had made a mistake, but in my favor, and they actually owed me money. My one small victory in all of this.

I knew they had powers that extended beyond what should be legal, moral or ethical, but I had no idea what they were capable of and allowed to do to Americans under the law. I know they follow things on the internet and even posting this blog makes me uncomfortable, but people need to know. This is the United States, and I shouldn't be afraid of the government because I'm talking about the IRS. Something needs to change...

18 comments:

  1. That is totally disgusting. If your dad owed back-taxes they should only levy an affordable amount. It's not like he's holidaying in Europe for god's sake. I don't know why the government would want to crush people who are already down. I wonder how much money members of the government steal in dodgy deals every year. Assholes.

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    1. I totally agree Dionne. We were trying to work with the IRS, so that they could get their money, and dad could have enough money to live on, but they weren't interested in a compromise, and they made it very clear that it was no concern of theirs how he survived without any income. The fact that he is terminally ill and needs care didn't even register with them.

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  2. OMG!!!! I can't believe they're allowed to do that!!! I'm so sorry you're going through this and I hope it all clears up soon. I'm physically ill reading this, heartsick and disgusted with the IRS and the power the government has upon us. This is truly a horrible act and at this moment I'm sad to call USA my home. I'll be praying for your family. May you be blessed richly for your kind heart, generous spirit and loving soul.

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    1. Thank you so much for your kind words Jean :) I knew the IRS had more power than they should, but I honestly didn't know the lengths they could go to. And for them to use audits and threats against me when I haven't done anything wrong is absolutely insane. They acted like I'm some bad American for not helping them financially destroy my father.

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  3. I am absolutely horrified and I truly feel for you. I thought that things in Spain were bad at the moment, but it seems that the IRS is quite the nightmare in comparison. I had lots of problems to get my EIN number, but not that seems just a mere trifle in comparison to what they are doing to you. Be strong and let's hope that things get better. Hugs.

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    1. Thank you Cinta :) Hopefully, the CPA will be able to figure something out, and we can find a good tax attorney to take our case.

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  4. Hang in there...I fought them 3 years with a fantastic CPA that didn't charge me a dime (he loved fighting them and would do little things like staple each paper to one more because they have to remove each staple :) ) I know that I had one IRS agent tell me that they could take anything I had of value - I told them the only thing I had was my son (who the whole debacle was about) they were welcome to take him but would bring him right back since he was Autistic and in the Terrible Two's. I know it's stressful but contact your local news media, right now they should jump on the story since all the IRS antics are in the news.
    Good Luck.

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    1. I'm so glad things worked out for you. I'm really hoping the CPA we have now will be able to help us. It has taken us the better part of 3 years just to get the paperwork we needed from the IRS. And thank you for the information about the staples, I will definitely keep that in mind ;) I have thought about contacting the media and also our congressman. It may be time to do just that. Thank you!

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  5. I'd agree about contacting the media. This is the kind of story they love to get out there, and it might bring forth a kindly tax attorney who would be willing to help you for a reduced fee or pro bono.

    My parents had an IRS issue a long time ago. Admittedly, my father had not addressed the matter in a timely fashion, but they were shocked by how quickly the IRS seized their assets including their bank account. They had bounced checks all over the place - their mortgage, power company, etc.

    Luckily they got a tax attorney who was able to unfreeze their assets and remove the hold on their bank account in a matter of days. Within a few months, the amount owed had been verified and my parents were making payments as arranged.

    Unfortunately, the only way to deal with our government is with a good lawyer and/or social backlash :(

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    1. It's good to hear that your parents were able to get the matter resolved. It is scary how fast the IRS can move in and take almost everything you have. You may be right about the lawyer and social backlash being our only hope. Thank you for sharing your parents' story and for taking the time to read this :)

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  6. That is one scary story! Your dad is lucky to have you to fight for him, even though it's a brutal fight.
    Stay strong! Big hugs

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    1. Thank you, Helle :) I'm so thankful that I'm able to be here for him as well as my sister and brothers who are trying to help as well. I just feel for all of the disabled and elderly people in this country who don't have someone to fight for them. The government has to change the IRS laws to limit what they can take from people.

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  7. That's so sad. I don't know what to say, my friend. It's just so disgusting and barbaric... *hugs*

    -Jimmy

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  8. Such power is terrifying, and I feel for you. From all the comments I've read, it looks like you need a congressman on your side, as well as telling your story on national television. Any tax dept anywhere in the world is hell to deal with, but I have to admit the US is another brand of hell. I can't believe the attitude they took about your dad - that was cruel and callous. Will pray for you, and hope things turn out well for you and your dad. I live in Australia, but we have a popular current affairs program here that airs on Sunday nights and has a lot of clout both here and overseas. If you'd like to get in contact let me know - the executive producer is my nephew.

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    1. Thank you so much Tima! I am going to write a letter to my congressman. I don't know if it will help because technically the IRS isn't doing anything they aren't allowed to under the law. I'm just hoping that by bringing attention to the problem, it might raise awareness for other's in my dad's situation. I know there are people who are not paying their taxes, but there are some people like my dad, who are sick and honestly can't. I appreciate the offer for the television show :)

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  9. Wow, what a story. Very sorry to hear it all. I know what a drain that can be on a family.

    If it were me, I would contact the local news, my congressman, my senators, my local representatives, and the local dog catcher. Anyone who can help. Start screaming to them and get them to fight for you in the political arena. Go get 'em!

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    1. Good advice Brian! Once the CPA finishes reviewing dad's case, we will have solid numbers to be able to fight. Then we are definitely going to start looking for help from our political representatives and the news media!

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